IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7649 of 2021

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Sunil Yadav @ Sunil Kumar Yadav S/o- Suryadev Yadav R/o Vill- Bhuli

Chakri, P.S.- Raghunathpur, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise, Government of

Bihar, Patna.

2.

The Principal Secretary, Excise, Government of Bihar, Patna.

3.

The District Magistrate, Siwan.

4.

The Superintendent of Police, Siwan.

5.

The Excise Superintendent, Department of Excise, Siwan.

6.

The S.H.O. of Andar P.S.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Ajay Kumar Pandey, Advocate

For the Respondent/s

:

Mr.Vikash Kumar, SC-11

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 22-06-2021

Heard learned counsel for the petitioner and learned

counsel for the State.

Petitioner has prayed for the following reliefs: -

That this writ petition is being filed for issuance

of

writ/writs,

direction/directions,

command/commands and thereby issue direction

to the respondent authorities' especially

respondent no.3 to release the 'Hero Passion Pro

Motorcycle of the petitioner bearing Registration

number

BR29W-2574'

Engine

HA10EVGHC45229, Chasis number no.

MBLHA1OBSGHC46477 in favor of petitioner

Patna High Court CWJC No.7649 of 2021 dt.22-06-2021

2/24

which has been seized by the respondent no.6 in

connection with Andar P.S. Case NO:-212/18, that

on 21/10/18 Andar Police got secret information

that two person riding on motorcycle coming from

Pandey ji with wine and when the police reached

there at the village Tiyan then seeing the police

force they started fleeing away after leaving their

motorcycle, and so far motorcycle of the

petitioner is concerned 180 M.L. x 56 pieces i.e.

10 Ltrs 80 ml. Wine was recovered.”

Learned counsel for the petitioner prays that the

petition be disposed of in terms of order dated 9^th January, 2020

passed in CWJC No. 20598 of 2019 titled as Md. Shaukat Ali

Vs. The State of Bihar and subsequent order dated 14^th January,

2020 passed in CWJC No.17165 of 2019 titled as Umesh Sah

Versus the State of Bihar & Ors. and order dated 29.01.2020

passed in CWJC No.2050 of 2020 titled as Bunilal Sah @

Munilal Sah.

Learned counsel for the respondents has no

objection to the same.

The Bihar Prohibition and Excise Act, 2016

(hereinafter referred to as the Act) prohibits the manufacture,

storage, distribution, transportation, possession, sale, purchase

and consumption of any intoxicant or liquor, unless so allowed

in terms of the Act. (Section 13).

In addition to the penalty imposed for committing

such an offence, Section 56 of the Act lays down the procedure

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for confiscation of “things” used for in the commission of such

an offence. The said Section reads as under:

“56. Things liable for confiscation.-

Whenever an offence has been committed, which

is punishable under this Act, following things shall

be liable to confiscation, namely-

(a) Any intoxicant, liquor, material, still, utensil,

implement, apparatus in respect of or by means

of which such offence has been committed;

(b) any intoxicant or liquor unlawfully imported,

transported, manufactured, sold or brought along

with or in addition to, any intoxicant, liable to

confiscation under clause (a);

(c) any receptacle, package, or covering in which

anything liable to confiscation under clause (a)

or clause (b), is found, and the other contents, if

any, of such receptacle, package or covering;

(d) any animal, vehicle, vessel or other

conveyance used for carrying the same.

(e) Any premises or part thereof that may have

been used for storing o